Is it possible to apply for alimony while married and how to do it? Is it possible to apply for alimony without a divorce - where to start, what documents are needed and how the amount of money collected is calculated. The procedure for applying for alimony without divorce

Last week I met with my childhood friends. An old friend Larisa asked me if it was possible to apply for alimony without a divorce. I was very surprised, Larisa lived in a happy marriage for more than 12 years, she and her husband have always been an example for others, and suddenly such a question.

In fact, everything turned out to be much sadder, her husband Alexei found himself a young mistress who became pregnant. He does not want to dissolve the marriage for personal reasons, Larisa is also afraid of the opinions of others. Well, to provide for the first child, he became worse and worse. Money requires a young wife and a newborn. The logic is stupid, but what is.

To reason with a womanizer without dissolving a marriage is quite realistic and quite simple. We will draw up a statement of claim in court, prepare a package of documents and, with the help of a judge, we will oblige the negligent husband to fulfill his obligations.

From the point of view of most people, alimony refers to the regular payments of amounts of money determined by law by one of the parents of a minor child, which are made after the dissolution of the marriage.

Of course, most often, alimony is really paid after a divorce - the child remains to live with one of the parents, and the second parent gives money for the needs of the child. But you can claim alimony without a divorce - in the event that the second parent does not fulfill his duty to provide for his son or daughter. In other words, if one of the parents, having an income, refuses to give money for the needs of the child, the other parent has the legal right to file for alimony without a divorce.

Of course, before considering situations in which one of the parents can apply for alimony without a divorce, some more nuances related to the payment of alimony should be clarified.

Firstly, it should be said right away that although the Family Code of the Russian Federation specifies the amount of alimony (a quarter of earnings for one child, a third for two, half for three or more children), in the event of a divorce, the spouses have the right to determine the amount themselves , which will be given by one of the parents for the needs of the child, and conclude a maintenance agreement.

If you apply for alimony without a divorce, the amount of payments will be determined by the court. This is logical: self-determination of the amount of alimony is an initiative of both parties, the result of which will be the conclusion of an agreement on alimony, and if one of the spouses refuses to voluntarily provide for his child, forcing the other parent to sue, then it is doubtful that he will want to conclude any agreement. Therefore, in the case of going to court to collect alimony without a divorce, the amount of payments will be determined by the judge.

Secondly, child support without a divorce is equal in size to alimony paid in the event of a divorce. In other words, if the spouses have one child, then the parent, who is obliged by the court to pay alimony, will pay a quarter of the earnings for one child, a third for two, and half of the wages for one or more children.

Thirdly, it is important to note that alimony without a divorce can be paid not only for a child: the spouse, by law, has the right to receive alimony until the child reaches three years of age (even if she has an independent income).

Alimony without divorce: documents

It is equally important to consider one fact when discussing the issue of alimony: since, according to the law, the husband and wife have equal rights (including children), not only the spouse, but also the spouse can pay child support without a divorce. Of course, the recovery of alimony from her is out of the question if she does not work, raising a child.
Caring for children is also work, despite the fact that it is not paid, and the husband does not have the right to demand from his wife in this case the allocation of any money for the needs of the children.

It should be noted that the recovery of alimony without a divorce is not always due to the fact that one of the spouses does not want to give money to a minor child, while not avoiding other obligations.

Sometimes we are talking about situations when spouses, for some objective reasons, do not want to get a divorce, but have not lived together for a long time, do not have a common household, and so on.
In such a case, one of the spouses can file an application for alimony without divorce, still without dissolving the marriage.

So what do you need to do to apply for child support without a divorce? Of course, first of all, you need to collect the documents required by law: the birth certificate of the child, income statements, marriage certificate, and so on. It is necessary to correctly draw up a statement, indicating in it that the husband or wife does not allocate money for a common child.

It should not be thought that going to court to resolve such a problem is humiliating for spouses. We are talking about protecting the rights of the child, and for parents there is nothing more important than their children. If you want to provide your minor child with a decent standard of living if you do not want him to need, then collecting alimony without divorce is one of the legal methods of solving the problem.

Clearly, non-divorced child support, like any other issue related to the payment and determination of alimony, is best handled with the support of a qualified and experienced family professional. The help of a lawyer may be needed when drawing up an application to the court, and when communicating with the second spouse, and during the court session.

Source: http://centrsemji.ru

How to get child support without a divorce

According to the results of sociological surveys, in the understanding of most parents, child support is allowed only after the official dissolution of the marriage.

Spouses may not realize that the legislation of different countries provides for many ways to exercise their rights and obligations, allowing them to receive payments in full without a divorce.

Deviators, convinced that they are not required to pay alimony, deliberately believe that by delaying the divorce process, they will be able to reduce the amount of payments while the spouses are in a formal form of marriage.

The state provides assistance to mothers, even if the spouse does not respond to court orders for a long time, forcibly collecting the full amount of payments while in marriage. In addition, husbands who evade payment are subject to criminal liability for non-compliance with court decisions.

If the parent does not try to evade the fulfillment of his obligations towards the child and partner, the spouse has the right to apply for a divorce and payment of alimony. If the court can ascertain that the parent evaded payment in such a case, the debtor's property is seized, and his identity will be searched for by the authorized bodies.

In what cases is it possible to apply for alimony in marriage

By law, both parents must be directly involved in the development of the child. In case of failure to fulfill their obligations, one of the spouses has the right to apply to the court with a statement of claim containing demands for the collection of monetary payments from the non-payer.

One of the spouses has the right to apply for alimony without dissolution of the marriage in the event that he does not fulfill the obligation to support the child.

In some situations, payments may be assigned to the parent and child:

during the pregnancy of the spouse;
if the woman is on maternity leave.

In this case, the court does not take into account the presence or absence of marriage. The spouse has the right to independently draw up an application, indicating in the contract all the necessary amounts.

The application is submitted and considered in the same manner as after the divorce of the spouses, to the Magistrate's Court at the place of registration of the husband.

After applying without a divorce, the mother should discuss with the judge the possibility of recovering part of the income from both official and informal employment. The total size is calculated according to several parameters, including:

information about the health of the wife and child;
the presence of other children of the husband in other marriages.

Alimony is calculated from the date of filing an application with the court.

If the child needs money for treatment or education, and the parent refuses to pay, in any case, the court decides this issue in favor of the mother.

Registration procedure

A spouse does not need to have a defendant to file a claim. The data of the statement of claim must be entered by a lawyer, or exactly according to the model that can be found in court. In other words, this is called a notarial agreement on the payment of alimony.

If the spouses manage to conclude an agreement amicably, then the procedure for registration without a divorce will be as follows:

you need to contact a notary together;
draw up an agreement, discussing all its conditions, methods and amounts of payments.

The voluntary conclusion of the contract obliges the spouse to fulfill all the requirements, as well as the writ of execution. This approach is beneficial to both spouses:

parents avoid going to court;
the alimony payer will be able to protect himself from the status of a non-payer in front of the employer;
significantly saves time and effort in litigation.

If adults fail to find a compromise solution, only bailiffs will be able to cope with the problem. The procedure for issuing alimony in marriage is exactly the same as after the divorce of the spouses.

List of required documents

Child's birth certificate or passport.
Documents from the place of work of the non-payer, indicating the amount of wages.
A certificate issued from the place of work of the non-payer indicating the absence of deductions from him on the basis of decisions of bailiffs and other executive documentation.
Certificate showing the composition of the debtor's family.
Certificates confirming that the child is dependent on the claimant.
Copies of the application for the decision of the court order.
Original documents confirming the stated condition.
If the spouses are able to reach an agreement, the payer must provide the defaulter's statement of consent, which must indicate all the conditions.

The application must fully describe the essence of the problem, indicating the percentage of payments in relation to all types of earnings of the husband within 1 month.

If we are talking about filing alimony for a minor child and a needy spouse, two statements of claim are drawn up. If the court decides in favor of the plaintiff, the amount is paid from the date of application to the court.

How much to pay?

When deciding on the amount of alimony, the court takes into account:

the health of the needy spouse or minor child;
the defendant's income level;
his state of health;
the presence of the defendant in the upbringing of other children.

There are two forms of payments:

Interest is calculated depending on the stability of income. If the debtor has a stable official income, it is more profitable for the needy party to request the amount of alimony based on a percentage of income;
A standard fixed amount is presented. If the real income is higher than declared, it is advisable to ask the bailiffs about the appointment of payments at a fixed monetary rate.

If the money paid for the child will be spent for other purposes, after documentary confirmation, the court may decide to transfer half of the monthly amount of alimony to the bank to the child's personal account.

The parties have the right to independently decide the issue with the amount of payments. We must not forget that, guided by the independent determination of the amount of child support, it is not allowed to establish an amount less than the amount due from the debtor by the court. Otherwise, the agreement is considered invalid.

If the spouses failed to draw up an agreement, the court is guided by the following parameters to calculate payments:

maintenance of 1 child - 1/4 of income;
for 2 children - 1/3%;
for 3 or more children - 1/2 of the debtor's monthly income.

If the debtor has a non-permanent income, in this case the court determines the specific amount of the monthly payment, in a fixed amount of money.

Collection procedure

If the spouses managed to reach an agreement, but the debtor refuses to comply with the conditions:

The needy spouse is obliged to apply to the bailiffs with a request to recover alimony from the debtor.
Bailiffs apply to the place of work of the debtor with a demand for the deduction of a sum of money in a certain amount.

If there is no agreement on the payment of alimony during marriage:

The party in need of financial support applies to the court at the place of registration of the non-payer, with a request to execute the court order.
The court considers the application within 5 days after its acceptance, then issues an order. During the decision, the court does not summon the parties to the court to clarify the circumstances.
The debtor receives a copy of the issued order. The decision can be appealed by the debtor within 10 days. If the court accepts the objections, then the issued judgment becomes invalid, and the applicant has the opportunity to present his rights to the judicial authorities in the order of writ proceedings.
If the debtor does not raise any objections or objections after receiving a copy of the court decision, in this case, the original document is sent to the bailiffs for execution of the court decision.
After receiving a court order, bailiffs initiate enforcement proceedings: a package of executive documentation is sent to the place of work of the defaulter. The company deducts alimony from his monthly salary. If the amount of monthly income is lower than the amount of alimony, the bailiffs have the right to foreclose on the non-payer's own property.

Many women are sure that if the spouse is not officially employed, does not have a stable income, or nothing is known about his whereabouts, then in this case, she will be denied alimony payments.

The legislation of the Russian Federation has a limited circle of persons who have the right to receive alimony, and those who are obliged to pay them, as well as the timing and amount of payments. The needy party may claim payment even if the child reaches adulthood, and the amount due may be deducted from the spouse's pension many years later.

Source: http://alimentyhelp.ru

Can I file for child support without a divorce?

Modern sociologists note that in addition to frequent divorces in the sphere of family relations, there is another serious problem. Some couples are unable to formally divorce for a variety of reasons.

For example, due to lack of finances or due to disputes over the division of property and the upbringing of children after the dissolution of the marriage. Regardless of whether there is a money issue between them or any other, as a result they have to co-exist.

At the same time, few of the spouses know that even in such a situation it is possible to receive legal material assistance from a husband or wife for raising a child. After all, the answer to the question of whether it is possible to apply for alimony without a divorce will be in the affirmative.
This is clearly stated in the law. You can get them even in the absence of joint children. This is permissible if one of the spouses is declared incompetent.

Alimony without divorce for a child or incapacitated spouse

It will be possible to apply for alimony in marriage if the husband or wife does not fulfill their obligations in relation to the common child. There are situations in which such monthly payments can be accrued for a child, and for a husband, and for a wife.

For example, if a woman is in a position or 3 years have not yet passed since the birth of the baby, then she is entitled to alimony for herself and for her son or daughter. At the same time, the procedure for submitting documents for payments in this case will be exactly the same as after a divorce.

If the spouses managed to agree among themselves on the required amount of alimony, then you can draw up an agreement on your own. But it will have legal force only after official certification by a notary.
If there are disputes between the husband and wife on the issue of alimony and one of the spouses refuses to fulfill his obligations in relation to the child or partner, then it is necessary to file a claim for alimony.

It is important to note that they will be accrued from the moment the document is submitted. In this case, the court can charge for payment not only a certain percentage of the official salary of the husband or wife, but also a fixed amount of alimony. The amount of payment can be influenced by a variety of factors. Their list includes the following:

the state of health of the spouses;
the state of health of the child;
the presence of other children with a partner who fulfills maintenance obligations;
income level of both spouses.

Experts recommend demanding the appointment of a payment in a fixed amount of money if the partner who fulfills maintenance obligations has an unofficial or irregular income.
Thus, it will be possible to protect yourself and the child from the lack of assistance. True, this will require official documents that confirm that the income statement indicates the wrong amount. This may be, for example, information about the conclusion of profitable financial transactions or the purchase of expensive goods.

In addition to the basic payment, Russian legislation also provides for the joint participation of the father and mother in the treatment and development of the child. If it is not possible to reach a consensus on this issue, then one of the partners may apply to the court for the appointment of a payment for additional expenses related to the health or education of the child. This is also acceptable if the decision is made to file for alimony without a divorce.

If the assigned payments are used by the spouse in charge of the child, not to meet his needs, then the second partner can go to court and demand the transfer of half of its amount to the personal bank account of the son or daughter.

Recovery of alimony without divorce

If a husband or wife maliciously evades the payment of alimony, then the law provides for criminal liability for this. If, in a certain period, the spouse is unable to make the payment, then state assistance will be temporarily issued for the child instead. In the future, the resulting total amount will be recovered from the partner who has maintenance obligations.

If the court proves the fact of malicious evasion from paying alimony, then the non-payer's property or bank accounts may be sealed.

Alimony for a child in a civil marriage

In reality, such a thing as “civil marriage” means precisely its official conclusion. But in the people this term denotes cohabitation. Few people know that even if the spouses were not married, it is possible to file for alimony.

In addition, if one or both parents refuse to fulfill their legal obligations in relation to the child, then in the future they will not be able to claim child support or any other material assistance from children.

List of documents for alimony without divorce

Before filing documents for alimony without a divorce, you should consult with a lawyer who will tell you which of them will allow you to get the optimal amount. In addition, the specialist will help to correctly draw up a contract or application.

Required documents:

copies of certificates: about marriage, about the birth of children, about divorce;
copies of the passports of both spouses;
income statement of both parties;
proof of whereabouts of the defendant.

This list includes the most basic necessary documents, which you definitely cannot do without. In addition to them, others may be required to confirm additional information about the child to whom child support will be paid. For example, his disability.

Source: http://urhelp.guru

How to file for child support without a divorce

There are times when troubles in family relationships turn into extremely unpleasant situations, up to and including divorce. However, not all couples decide on such a responsible step, but simply want to teach each other a lesson. Getting into a similar situation, women immediately ask questions about how to file for alimony without a divorce and whether it is possible in this way to protect the rights of not only the child, but also mothers.

The laws of the Russian Federation governing the legal relations of married couples do not restrict the rights to alimony for persons who are married, at the same time they even oblige them to take care of children and themselves.

Therefore, if in a family and marriage union there are problems not only of a domestic, but also of a financial nature, a woman (in some cases, even men) can apply for help to the judicial authorities so that the second family member must provide money as the fulfillment of alimony obligations.

How to deal with a needy spouse

If one of the spouses really needs a financial support, but cannot receive such support on a voluntary basis, he should take certain measures. Here follows the question of what documents will need to be presented and through which authority the proceedings will take place (if in a simple way - where to submit the documents).

You can claim alimony for the maintenance of a minor child and for the maintenance of a disabled spouse.
Everything seems to be clear about children - they have not reached the age of majority or they are adults, but they continue their education in higher educational institutions.

In terms of the spouse's incapacity for work, variants of his objective impossibility to engage in professional activities are distinguished. Basically, the provisions on maternity leave, parental leave from birth to one and a half years and from 1.5 to 3 years are applied.

At this time, a woman cannot fully provide for her children, so she needs financial assistance from the father of the children. Therefore, maintenance obligations will apply not only to minor children, but also to the mother.

And also to this group of grounds for the appointment of alimony to adults can be attributed various degrees of disability that both spouses may have. In this case, assistance is needed, and it may not be provided by the other spouse for various reasons.

Where will he turn?

The protection of rights in the field of family and marriage relations is carried out by the judiciary. In particular, the issues of payment of alimony, regardless of whether the plaintiff is an adult or a minor, are dealt with by the justice of the peace of the corresponding judicial section of the judicial district.

A statement of claim is submitted to the court office demanding the recovery of alimony. All documents confirming the relationship between parents and children, the legality of marital relations and the need to establish alimony must be attached to it.

So, from the total number of evidence, the court can provide the following documents:

passport of a citizen of the Russian Federation of the plaintiff and, if possible, the defendant;
marriage certificate;
birth certificate of children (if any);
certificate of disability (if any);
income statement of both spouses.

Note! The court needs to track the difference in the funds received by the spouses in order to find out whether the requirements for alimony are justified and lawful.
With regard to maintenance for minor children, judges in most cases take the side of the mother and establish the amount of maintenance specified in the law for the maintenance of children, since the obligations of parents in relation to children are imperative.

Another situation is with alimony for the maintenance of one of the spouses. The task of the defendant is to explain and prove to the court that he (she) fully provides for the life of his family and that the demands of the spouse on the need to establish and pay alimony for his maintenance are absolutely unfounded. In this case, everything must be supported by an evidence base.

In turn, the plaintiff must prove, both by written evidence and by the testimony of witnesses, that he needs assistance, that his income is much less than that of his spouse, and that he is dependent on the spouse.

If the spouse recognizes his obligation and does not refuse to transfer cash benefits in the form of alimony payments to the personal current account, the issues of enforcement of the court decision are not difficult.

But if the respondent is trying in every possible way to divert the topic in a different direction, offering strange deals, it’s better to disagree and think about further relations with your spouse, because these are your rights and you must protect them in full.

The couple gets divorced, the mother gets the child. Should she apply for child support, or can this procedure be dispensed with? The question is ambiguous, and therefore it should be analyzed in a little more detail.

We open the Russian Family Code and study article 106. It says that the parent has the right to file an application with the court and establish maintenance payments. The key word is "right".

Therefore, the recovery of alimony through the court is a right, not an obligation.

It turns out that the parent with whom the child lives may not file a petition for the collection of payments. But is everything so simple? It is worth starting with the fact that Russian legislation establishes the principle of priority for child development. It means that no factors should interfere with the full development of the child. Financial reasons are also among the factors. It turns out that non-receipt of maintenance payments may violate the designated principle. Because of this, the guardianship and guardianship authorities intervene in the matter.

Collection of alimony

The guardianship organization has the duty to protect the interests and rights of minors. She carefully monitors that both parents fulfill their functions of providing for a son or daughter. So, if the father does not pay child support, the guardianship authority can independently file a lawsuit against him and collect the necessary amounts. And this is despite the fact that the other parent can petition against receiving cash payments.

The guardianship authorities, like the entire state as a whole, are guided by a simple logic: the child should receive any, even minimal, outside assistance. The father, if he is away from the former family, is obliged to help his heirs.

The guardianship body is trying to deal with such a category of parents that they consider the collection of alimony something below their dignity. For them, receiving material assistance is something humiliating and very bad. Such proud citizens for some reason forget that the money does not come to them, but to the child. It is a minor citizen who is the main subject in the system of alimony relations. In this regard, not the simplest concept is formed, where the collection of alimony is a right, the payment of sums of money is an obligation, and the receipt is something between an obligation and a right.

Characteristics of the alimony recipient

Chapters 13-15 describe in detail who exactly can act as a recipient of maintenance payments. Here it is worth highlighting, firstly, parents, trustees and guardians - any legal representatives who collect money in favor of a minor citizen. Although everything is tied around the child, giving finance to him himself is not quite pragmatic. In this regard, his representative receives material assistance, after which he spends the alimony for the intended purpose.

Secondly, this is a spouse or spouse. There are times when a couple breaks up, after which one side files for alimony. Everything is as usual, only the ex-spouses do not and never had children. The fact is that the law allows, for example, the recovery of finances from the ex-husband if the wife needed help. For example, she fell ill, received a disability, became disabled, etc. In all these cases, spouses, even divorced ones, should help each other. Formally, they are still included in the category of relatives.

Can I file for child support without getting a divorce? The question is difficult, but the answer can be yes. We are talking about those rare moments when the spouses simply do not have the opportunity to dissolve the marriage, but one side needs help urgently. In this case, you need to contact the registry office, providing a considerable amount of evidence and papers. It will not be superfluous to purchase the services of a competent lawyer.

Also, the category of alimony recipients includes all other relatives of the first generation - brothers and sisters, grandparents, stepfather and stepmother, uncles and aunts, etc. Making alimony is quite simple: the closest relative is selected, he is assigned the responsibility for caring in the form of material assistance. If the citizen refuses, then a lawsuit is filed against him.

A person who has raised a child for less than 5 years is not able to claim financial assistance from the foster child.

In fairness, it should be noted that in Russia and neighboring CIS countries it is not customary to force relatives to provide assistance, especially through government agencies. Therefore, the most popular form of alimony payments is still the relationship between spouses with a child.

Can I not apply for child support?

In most cases, women still apply for child support. At the same time, they demand the maximum possible amount. They do this because of the desire to take revenge on their ex-spouse. They take revenge for a failed marriage and an abandoned child.

Sometimes fathers themselves go to court for alimony. But most often they do this not because of a burning desire to help their son or daughter, but for personal gain. For example, a debtor on a loan with the help of additional obligations will get rid of half of the debt. It is known that according to the law, more than half of the salary cannot be withheld from a citizen. Alimony is always a priority of any loan. So it will turn out to knock out one payment with the help of another.

According to article 106 of the RF IC, a parent with whom a minor child has remained is able to demand alimony from the ex-spouse Able, but not obliged. Therefore, the mother may well do without the help of the former father. It is only important that the children are in abundance and satisfy the most important needs.

Expert opinion

Marina Bespalaya

In 2011 she graduated from the University of Internal Affairs with a degree in jurisprudence. In 2013, a master's degree course, specialty "lawyer". In 2010-2011, a course at Portland State University (USA) at the Faculty of Criminal Law and Criminology. Since 2011 - a practicing lawyer.

In practice, such a notarial agreement can be easily challenged, since the content of the document is a restriction on the rights of the child. A separately living parent must take part in the upbringing and growing up of the baby, therefore it is impossible to conclude an agreement under which the legal representative of the child refuses to pay. even a notary is unlikely to agree to approve such an agreement. An exception is the transfer of a large gift to a child in exchange for monthly payments.

Another important point lies in the fact that many divorced spouses simply forget that alimony does not have to be collected through the courts. Sometimes it is enough to certify the paper with a notary, or even agree orally. The relationship between the parents should be good enough in this case. Trust and minimum guarantees, formed independently, will allow you to do without unnecessary red tape and unnecessary paperwork.

Alimony through the court

You should not think that the low income of the father, the absence of a stamp in the identity card, or other factors can relieve the potential alimony payer from obligations. By law, the mother has the right to demand child support even in the following situations:

restriction or deprivation of the defendant (debtor) of parental rights;
parents were never married;
information about the father is not in the birth certificate;
the potential payer is not officially employed or recognized as unemployed.

In any case, the future recipient of financial assistance has the right to collect maintenance payments from his spouse. The law regulates the claim proceedings, which has a number of interesting features. For example, the plaintiff may file an application on the basis of which an order-type proceeding will be implemented. As a result of the court session, an order will be issued, which the defendant will have to implement under the close attention of the bailiffs.

Read more about child support litigation here:

This is a fairly easy option, since the meeting itself does not imply the presence of the defendant or the plaintiff. The procedure is implemented in a short time by the judge himself. After consideration of the application, a court order will be issued, which will be sent to the bailiffs in the FSSP.

There are several conditions for consideration of the application in writ proceedings. Among them should be highlighted:

appointment of alimony for the maintenance of minor children. Other payments - for a wife, brother or someone else, will not work in this way.
The defendant did not express a desire to challenge the claims for the collection of obligations in favor of minor children.
Payments are assigned in share form. A quarter of the total income goes to one child, a third - to two, half - to three or more. The appointment of alimony in solid or in-kind form cannot be calculated through writ proceedings.

If writ proceedings have not been implemented, then you will have to draw up a full-fledged claim and deal with the presence of both parents.

How not to collect child support?

So, after the dissolution of the marriage, you can conclude an oral agreement on the transfer of material assistance, or certify a written contract with a notary. If parents, in principle, do not want to somehow burden themselves with unnecessary interactions, then a number of simple actions should be performed. They are needed so that in the future there will be no problems with the law.

The first and easiest option is to write a receipt. One person records the current state in writing: for example, the father is fully fulfilling or fulfilling his duty, and therefore alimony claims are waived. The receipt is not notarized.

The second option is the conclusion of a full-fledged notarial agreement. However, instead of solid or equity monetary forms, it prescribes the reluctance of one party to interact in any way with a potential payer.

All these papers, although minimal, but guarantee protection from further intervention by government agencies. At the same time, it is necessary not only to express your demand, but also to thoroughly prove it. Still, we are talking about money, and money for children. A potential recipient of financial assistance must indicate their income. The child should have enough resources for optimal personal and social development. Otherwise, the issue will be dealt with by the guardianship and guardianship authorities.

Child support without parental divorce

Some citizens often have quite interesting, but somewhat peculiar questions. For example, is it possible to conclude an agreement on the transfer of maintenance payments without divorce? First you need to figure out what it is all about. Situations can be very different. For example, the husband does not take part in the material support of the family, although he does not want or cannot get a divorce. The second situation is the inability to get a divorce for a number of good reasons, while there is an urgent need to receive alimony.

However, the formation of a payment transfer system is possible in this case in two already familiar ways. This is a voluntary agreement of the parties and legal proceedings. Voluntary form can be oral and written. The amount of payments in this case is set independently, as well as the form.

Judicial proceedings involve filing an application with the court. Servants of the law must study the current situation, and only then make a reasoned decision. For the speedy resolution of the case, it is necessary to take into account a number of cases, the absence of a divorce will be a good reason for obtaining financial assistance. Here is what should be highlighted here:

There is a possibility that the divorce will be protracted. Spouse in another region or even in another state. He does not want the dissolution of the marriage, prevents it in every possible way, tries to take away part of the property, etc.
The wife is pregnant or raising a child under three years of age.
A parent brings up a disabled child, takes care of a disabled relative, etc.
Spouses do not live together, while for a number of reasons they do not want a divorce.

The latter situation, it should be noted, is unlikely to be seriously considered by the court. This is especially true of those moments when the wife of a potential payer is not the first. It's all about how many citizens try to outwit the judicial system. For the sake of lowering child support by 8 percent, they file alimony in a new family, as a result of which the payment for a child from the first marriage drops from 25% to 16.5%. Alimony, allegedly relying on a second family, goes to the general budget, because there was no divorce in fact.

It is not recommended to carry out such operations. Debtors and potential payers are always monitored by the tax service. The bailiffs with guardianship authorities are not far behind.

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Claims for alimony after the divorce of the spouses are a common judicial practice. Is it possible to obtain alimony without a divorce, or before a divorce?

Yes. Such an opportunity is provided for by the Family Code of the Russian Federation, Section V. Chapter 13 is devoted to maintenance obligations of parents and children. Chapter 14 - maintenance obligations of spouses and former spouses.

In Art. 80 of the Family Code, the obligation of parents to support minor children is recorded. If this obligation is not fulfilled by one of the parents, then the parent who has undertaken the upbringing and maintenance of the child may demand in court the recovery of alimony for a minor child or a disabled child (Article 85). The amount of alimony is devoted to Art. 81-83.

In Art. 89 "Obligations of spouses for mutual maintenance" defines a list of persons entitled to alimony in the event of the refusal of the second spouse from their material support. In the absence of an agreement, alimony can be demanded in court by:

needy disabled spouse;
wife during pregnancy, and the next three years from the date of birth of their common child;
a spouse caring for a common disabled child until the age of majority of such a child, or for a common disabled child of childhood of group I - for life.

Thus, the legislation clearly answers the question "is it possible to receive alimony without a divorce"

How to get alimony without a divorce in practice?

Spouses can draw up an agreement on the amount of alimony on their own. To give legal effect to such an agreement, it must be notarized.

Question and answer from practice and the answer to it:

I don't want to get a divorce, can I file for alimony without a divorce?

My husband refuses to give me money and allocates 600 rubles for a child every six months. for diapers. I don’t know his salary, he doesn’t show cheat sheets. We live with his parents and brother. He gives his parents 5,000 every month. He does not want to live separately. The child does not pay attention to sitting at the computer for days. Ruki sometimes dismisses insults constantly at me if I ask to play with the child. I don't want to get divorced can I apply for alimony without divorce? I myself do not work anywhere. And can I take his money without his knowledge for my expenses.

Hello!
Of course, you can apply for alimony without a divorce, the Family Code of the Russian Federation allows this, but you will need to document in court that your husband does not support you:
He doesn’t buy clothes for you and the child, you don’t have basic necessities, he doesn’t provide food, and he also hides income from you or spends it on his own needs to the detriment of the family.

You can apply for alimony without a divorce in situations where one of the spouses does not fulfill its obligations in relation to the child. In such cases, the needy spouse may apply for alimony while married. The legislation stipulates cases in which alimony is accrued for both the child and the spouse. For example, if a woman is pregnant, as well as 3 years from the date of birth of a child, she can receive alimony for both the child and herself. The procedure for applying for child support without a divorce is the same as for child support after a divorce.

To apply to the court, you must have the following documents for alimony without a divorce and their copies:

Birth certificate of the child;
Income information;
Information about the composition of the family;
Marriage certificate;
Passport;
Certificates from ZhEK about the place of real residence of the child.

In the application for alimony without a divorce, it is imperative to write the essence of the request: “I ask you to collect alimony from the defendant in my favor for the maintenance of our child in the amount of 25% of all types of earnings monthly, but not less than 10 thousand rubles (the amount is conditional) monthly, until adult child."

If we are talking about alimony for both the needy spouse and the child, then two statements of claim are filed.

If the claim is satisfied, the accrual of alimony will be made from the date of its filing.

When deciding on the amount of alimony, the court takes into account the state of health of the needy spouse or child who is entitled to alimony. In addition, the court considers the level of the defendant's income, his state of health and whether he has other dependent children.

Depending on the stability of earnings, the court decides on the calculation of a certain percentage of earnings (Article 81), or alimony in the form of a fixed amount (Article 83).

If the official income is stable and corresponds to the actual income, it is reasonable to request alimony as a percentage of income. When real earnings are higher than declared, it is recommended to ask the court to assign alimony in a fixed amount of money.

If there is documentary evidence that the alimony intended for the child is spent for other purposes, the court may allow the transfer of half of the monthly amount directly to the child's personal bank account.

Official marriage is not yet a panacea for all problems, there are times when legal spouses are forced to seek legal assistance, and sometimes even to court, in order to get at least some livelihood and maintenance of children, if the second half puts themselves outside the interests of the family. In this article, we will take a closer look at this situation in marriage.

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This is an example of a claim for child support (children) without divorce, according to the same scheme, an application for alimony is drawn up regarding the provision of one of the spouses.

Payment of state duty

The amount of the state duty that must be paid to file a claim is 150 rubles. If the court decides to collect alimony, then the state duty will have to double. If a lawsuit is filed with a justice of the peace with a request for a court order, then the state duty must be paid in the amount of half of the amount of the fee when filing a claim. The payment of the fee is the responsibility of the defendant.

About the amount of alimony if the spouses are married

Withholding funds for the maintenance of children are determined in parts of all the income of the defendant in the claim and are:

1/4 part for 1 offspring under 18 years old;
1/3 - if ;
1/2 - for 3 or more children.

Finally, the court will make a decision on the share of the penalty after examining all the circumstances of the case, the financial situation of both parties, as well as the real possibilities of the defendant, not only in terms of financial ability, but also taking into account his state of health.

It should be realized that Alimony begins to be calculated from the date of filing an application with the court but not from the moment the baby is born.

Tips for a husband: what to do if the wife filed for alimony in marriage?

Life situations are different, often women are wrong, demanding the impossible, although the provision of both them and the children is by no means lower than the generally accepted level.

Sometimes, if a man is married only officially, but actually lives in another place, with another woman, then wife may not know some circumstances, which are important for determining the amount of alimony.

If a man does not consider his wife's decision to file for alimony to be fair, if the woman's accusations are unfair, or if there are circumstances that make it possible to bring down the amount of payments, it is necessary file a counterclaim. Support your arguments with documentary evidence that will serve as an annex to the claim.

After a divorce, children remain with one of the parents, who must provide them with good conditions for living, development and education. You can cope with such a task alone, but on condition that the second parent helps with money. If this does not happen, it is necessary to file a statement of claim with the requirement to collect alimony by force.

Alimony as a way to provide a child with a decent existence

The right to file for alimony is for every parent who believes that he will not be able to independently provide for the children with everything necessary. However, not all parents believe that it is worth solving this issue in court. Spouses can verbally agree on financial assistance or draw up a peace agreement under which one of them will voluntarily pay monetary compensation.

The current legislation pays special attention to the rights of the child. By refusing to exercise their right to make payments for personal reasons, the mother or father thereby deprives the baby of the necessary material support. If at the same time the rights of the child are infringed, the guardianship and guardianship authorities can do this for them. When applying to the court, a representative of the guardianship authorities may demand the collection of alimony from one or both parents.

In some cases, former spouses file a lawsuit immediately after the divorce, while demanding the maximum amount of payments. Often the main reason for demanding alimony is not the difficult financial situation of the mother, but the desire to take revenge on her ex-husband for a broken marriage.

Sometimes the fathers of children left with their mother go to court on their own to formalize obligations. There may be several reasons for this:

Is it possible to not file for alimony during a divorce?

According to article 106 of the Family Code, a parent who has minor children as dependents has the right to demand maintenance from the spouse, but this measure is not mandatory. If the mother believes that she can do without the help of the former father and at the same time the children will not need anything, she may not file for alimony after the divorce.

However, the guardianship authorities are faced with situations where the mother experiences financial difficulties, but does not want to file for alimony. In this case, representatives of state bodies have the right to demand from her documentary evidence that the father of the children regularly transfers or transfers funds for the maintenance of children. As evidence, the mother can provide receipts, bank statements, receipts, etc.

Some wives believe that the father's low income, the absence of a stamp in his passport, or other factors may cause him to be released from obligations. According to the law, the mother has the right to demand child support even if:

Alimony appointed by the court: legal consequences

If, after a divorce, a parent decides to demand alimony from a former spouse in court, he must decide in what order the penalties will be imposed. The law provides for writ and action proceedings, which have significant differences.

Writ proceedings involve consideration of an application from the plaintiff, after which a court order is issued. This option is simpler and does not require the presence of the defendant and the plaintiff in court. The procedure is carried out in a short time directly by the judge. After consideration of the application, a court order is issued, which is sent to the bailiff service.

However, for consideration of the application in writ proceedings, there are several conditions:

If it was not possible to file an application for the recovery of alimony in writ proceedings, it is necessary to draw up a lawsuit. Litigation is much more complicated and involves proceedings with the presence of both parents. The advantages of this procedure include the ability to resolve disputes between the father and mother of the children, as well as assign payments not only as a share of wages, but also in a fixed amount or in a mixed form.

The result of the process is the issuance of a court decision (in a lawsuit) or an appropriate order (in a writ proceedings). If the result does not suit the defendant or the applicant, they can appeal against it within the time limits established by law (10 days for appealing the order, 1 month for a court decision). After the expiration of the period, the documents come into force and are handed over to the participants in the process.

The court order is accepted by the bailiff service to fulfill the assigned obligations. The court decision must be taken to the court office, where they will draw up and issue a writ of execution, which must be handed over to the bailiff.

Which is better: voluntary agreement or enforcement?

The relationship of spouses after a divorce is not always difficult. In some cases, fathers, despite the fact that they live in another family, pay a lot of attention to their children from a previous marriage. They do not renounce their duties and are ready to conclude a voluntary agreement on the maintenance of minor children.

When drawing up a voluntary agreement, there is no need to participate in litigation, it can be drawn up and certified by any notary. The document must specify the conditions, amount and frequency of payments for the maintenance of children. An agreement certified by a notary becomes legally binding and can be used in court if the parent ceases to comply with these conditions.

A voluntary agreement can be used as a writ of execution and transferred to the organization in which the payer works. Based on the received document, the accountant will make payments in the required amount.